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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 41035
Experience:  30 years as a family law lawyer .
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In March 2015 and May 2015 my sister gave my husband & I a

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In March 2015 and May 2015 my sister gave my husband & I a total o$50,000. to finish remodeling our home. We asked her if she ever wanted this money paided back to her and she said no it was a gift to us. My husband asked her the same question several times and her reply was always the same. We never signed any form of a contract that it was a loan or a business deal, now she wants this $50,000. back.How should this be handled legally, she said this was a gift and we took her word that's what it was.Is there need or reason for us to be concerned about this matter?
Submitted: 11 months ago.
Category: Family Law
Expert:  RayAnswers replied 11 months ago.

Hi and welcome to JA. Ray here to help you today.

I would write or email her confirming that this was an intervivos gift to you and your husband. I would decline to pay back since it was a gift.She would have burden to prove otherwise here , you and husband would testify it was a gift.She has burden to prove otherwise if she sues.Sending a letter or email for your files just documents that you considered it an intervivos gift here under Arizona law.

Expert:  RayAnswers replied 11 months ago.

Here in Arizona the three elements required to establish an inter vivos gift are (1) a donative intent on the part of the donor; (2) an actual or symbolic delivery of the subject matter of the gift; and (3) an absolute and irrevocable surrender by the donor of ownership and dominion over the subject matter of the gift, at least to the extent practicable or possible, considering the nature of the thing to be given.

This appears to be an intervivos gift nothing more.

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